Commonwealth Numbered Acts

REMUNERATION AND ALLOWANCES AMENDMENT ACT 1980 No. 164, 1980 - SECT 4

4. After section 13 of the Principal Act the following sections are inserted
in Part IV: Travelling allowance payable to the Chief Justice and Justices of
the High Court

"13A. (1) In this section, 'judicial office to which this section applies,
means the office of Chief Justice of the High Court or an office of Justice of
the High Court.



"(2) For the purposes of this section-

   (a)  the Australian Capital Territory shall be deemed to constitute a
        single locality;

   (b)  each capital city of a State shall be deemed to constitute a single
        locality; and

   (c)  each other city or town shall be deemed to constitute a single
        locality.



"(3) There is payable to a person who holds a judicial office to which this
section applies an allowance ascertained in accordance with sub-section (4) in
respect of his expenses of travel within Australia and the external
Territories-

   (a)  if the sole or principal place of residence of the person is at a
        place in the Australian Capital Territory-in connection with the
        performance of his duties otherwise than in the Australian Capital
        Territory; or

   (b)  in any other case-in connection with the performance of his duties
        otherwise than in-

        (i)    the Australian Capital Territory; and

        (ii)   the locality in which his sole or principal place of residence
               is situated.



"(4) The allowance in respect of the expenses of travel payable under sub-
section (3) to a person who holds a judicial office to which this section
applies is-

   (a)  if the travel involves an absence from his sole or principal place of
        residence and from the Australian Capital Territory that includes an
        overnight stay or overnight stays-

        (i)    in a case to which sub-paragraph (ii) does not apply-$80 per
               overnight stay; or

        (ii)   if the number of hours of the absence is not less than the
               number ascertained in accordance with the formula 24x + 10,
               where x is the number of overnight stays included in the
               absence-the sum of the amount that would be ascertained under
               sub-paragraph (i) if that sub-paragraph were applicable and
               $20; or

   (b)  if the travel involves an absence from his sole or principal place of
        residence and from the Australian Capital Territory of not less than
        10 hours but does not include an overnight stay-$20.



"(5) There is payable to a person (other than a person to whom an allowance is
payable by virtue of section 13B)-

   (a)  who holds a judicial office to which this section applies by virtue of
        an appointment made after 1 July 1980; and

   (b)  whose sole or principal place of residence at the time (in this sub-
        section referred to as the 'relevant time') when that appointment took
        effect was at a place outside, but not in a part of New Sourth Wales
        that is adjacent to or in the vicinity of, the Australian Capital
        Territory, an allowance ascertained in accordance with sub-section (6)
        in respect of his expenses of travel in connection with the
        performance of his duties in the Australian Capital Territory, being
        travel-

   (c)  if the person establishes his sole or principal place of residence at
        a place in, or in a part of New South Wales that is adjacent to or in
        the vicinity of, the Australian Capital Territory before the
        expiration of 3 months after the relevant time-before the time when he
        establishes his sole or principal place of residence at such a place;
        or

   (d)  in a case to which paragraph (c) does not apply-before the expiration
        of 3 months after the relevant time.



"(6) The allowance in respect of the expenses of travel payable under
sub-section (5) to a person who holds a judicial office to which this section
applies is-

   (a)  if the travel involves an absence from his sole or principal place of
        residence that includes an overnight stay or overnight stays-

        (i)    in a case to which sub-paragraph (ii) does not apply-$80 per
               overnight stay; or

        (ii)   if the number of hours of the absence is not less than the
               number ascertained in accordance with the formula 24x + 10,
               where x is the number of overnight stays included in the
               absence-the sum of the amount that would be ascertained under
               sub- paragraph (i) if that sub-paragraph were applicable and
               $20; or

   (b)  if the travel involves an absence from his sole or principal place of
        residence of not less than 10 hours but does not include an overnight
        stay-$20.



"(7) There is payable to a person who holds a judicial office to which this
section applies, in respect of travel outside Australia and the external
Territories in connection with the performance of his duties, an allowance by
way of reimbursement of the reasonable expenses of that travel. Additional
allowance payable to certain Justices of the High Court

"13B. (1) There is payable to a person-

   (a)  who holds a judicial office to which this section applies;

   (b)  who, on 1 July 1980, held a judicial office to which this section
        applies; and

   (c)  whose sole or principal place of residence is, and was on that date,
        at a place outside, but not in a part of New South Wales that is
        adjacent to or in the vicinity of, the Australian Capital Territory,
        an allowance, on account of expenses that will be incurred by him by
        reason that his sole or principal place of residence is at a place
        outside, and not in a part of New South Wales that is adjacent to or
        in the vicinity of, the Australian Capital Territory, at the rate of
        $7,500 per annum.



"(2) In this section, 'judicial office to which this section applies' has the
same meaning as in section 13A. Travelling allowances payable to holders of
certain offices

"13C. (1) In this section- 'headquarters', in relation to a person who holds
an office to which this section applies, means-

   (a)  if that office is an office of Chief Judge, Senior Judge or Judge of a
        Court and the sole or principal place of residence of the person is
        situated in a locality in which there is a registry of that Court-that
        locality; or

   (b)  in a case to which paragraph (a) does not apply-the locality where the
        person ordinarily performs the duties of that office; 'office to which
        this section applies' means-

   (a)  an office specified in column 1 of Part II of Schedule 3;

   (b)  President of the Australian Conciliation and Arbitration Commission;

   (c)  Deputy President of the Australian Conciliation and Arbitration
        Commission; or

   (d)  Chairman of the Law Reform Commission.



"(2) For the purposes of this section-

   (a)  the Australian Capital Territory shall be deemed to constitute a
        single locality;

   (b)  each capital city of a State shall be deemed to constitute a single
        locality; and

   (c)  each other city or town shall be deemed to constitute a single
        locality.



"(3) There is payable to a person who holds an office to which this section
applies an allowance ascertained in accordance with sub-section (4) in respect
of his expenses of travel within Australia and the external Territories in
connection with the performance of his duties otherwise than at-

   (a)  his headquarters; and

   (b)  the locality in which his sole or principal place of residence is
        situated.



"(4) The allowance in respect of the expenses of travel payable under sub-
section (3) to a person who holds an office to which this section applies is-

   (a)  if the travel involves an absence from his sole or principal place of
        residence and from his headquarters that includes an overnight stay or
        overnight stays-

        (i)    in a case to which sub-paragraph (ii) does not apply-$72 per
               overnight stay; or

        (ii)   if the number of hours of the absence is not less than the
               number ascertained in accordance with the formula 24x + 10,
               where x is the number of overnight stays included in the
               absence-the sum of the amount that would be ascertained under
               sub- paragraph (i) if that sub-paragraph were applicable and
               $20; or

   (b)  if the travel involves an absence from his sole or principal place of
        residence and from his headquarters of not less than 10 hours but does
        not include an overnight stay-$20.



"(5) There is payable to a person who holds an office to which this section
applies, in respect of his expenses of travel outside Australia and the
external Territories in connection with the performance of his duties, the
same allowance as would be applicable to officers of the First Division of the
Australian Public Service in respect of the expenses of like travel in the
performance of their duties.



"(6) Where a person who holds 2 or more offices to which this section applies
travels in connection with the performance of his duties as the holder of any
one or more of those offices, nothing in this Act or in any other Act entitles
him to be paid in respect of the expenses of that travel an amount exceeding
the amount that he would be entitled to be paid if he held only the office, or
one of the offices, to the duties of which the travel relates.



"(7) Notwithstanding sub-section (1), the office of President of the
Administrative Appeals Tribunal or the office of Director-General of Security
shall not be taken to be an office to which this section applies unless the
President or the Director-General, as the case may be, is a Judge of a court
created by the Parliament.



"(8) Notwithstanding sub-section (1), the office of Chairman of the
Commonwealth Grants Commission shall not be taken to be an office to which
this section applies unless sub-section 8 (6A) of the Commonwealth Grants 
Commission Act 1973 applies to the holder of the office.



"(9) Notwithstanding sub-section (1), the office of Chairman of the Law Reform
Commission shall not be taken to be an office to which this section applies
unless the Chairman is a Judge of a court created by the Parliament or the
holder of an office referred to in paragraph (b) or (c) of the definition of
'office to which this section applies' in sub-section (1).".